FIROJ KHAN Vs. SMT. LAJWANTI AND OTHERS

JUDGEMENT

(1.) Plaintiff - petitioner has invoked revisional jurisdiction of this Court under Art. 227 of the Constitution of India, challenging the order dated 06.11.2009 passed by the learned Civil Judge (Junior Division), Palwal, whereby the learned Civil Judge has repudiated and cancelled the agreement to sell dated 20.03.1998 while exercising the jurisdiction / power under Sec. 28 of the Specific Relief Act, 1963 (hereinafter referred to as the Act, 1963).

(2.) The brief facts of the present case are that the plaintiff - petitioner herein preferred a suit for specific performance of the contract on the basis of agreement to sell dated 20.03.1998. Learned Trial Court vide judgment and decree dated 14.10.2005 decreed the suit for specific performance of the plaintiff with a direction to the plaintiff to make the payment of balance sale consideration within two months from the date of passing of the judgment and defendants were also directed to execute the sale deed as per the terms and conditions of the agreement dated 20.03.1998.

(3.) Defendants has moved an application before the learned Trial Court under Sec. 28 of the Act, 1963 on 10.01.2005 requesting the Court to repudiate / cancel the agreement to sell dated 20.03.1998 contending that plaintiff miserably failed to pay the balance sale consideration within two months as directed by the learned Trial Court vide judgment and decree dated 14.10.2005. Plaintiff - petitioner herein also moved an application before the learned Trial Court on 10.01.2006 purported to be under Sec. 151, 152 and 153 C.P.C. seeking modification in the judgment and decree dated 14.10.2005 contending therein that defendant No.2, namely, Ramdevi has already performed her part of contract and executed the sale deed of her = share of the suit land in the name of nominees of the plaintiff namely Subarti and Kalu for Rs. 80,000.00 on 30.05.2000. Hence, sale consideration directed to be paid by the plaintiff within two months from the date of the decree shall be modified after reducing half share of defendant No.2.